401 KAR 38:500. Provisions for approval by the local government or the Kentucky Regional Integrated Treatment and Disposal Facility Siting Board.

 

      RELATES TO: KRS Subchapters 224.10, 224.40, 224.43, 224.46, 224.99

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-520

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520 requires the Environmental and Public Protection Cabinet to promulgate administrative regulations for permitting of persons who treat, store, recycle, or dispose of hazardous waste. KRS 224.46-830 and 224.46-520(1) provide that the cabinet shall not issue a permit to a regional integrated waste treatment and disposal demonstration facility without approval by the Kentucky Regional Integrated Waste Treatment and Disposal Facility Siting Board. KRS 225.40-310(5) and (6) and 224.46-520(1) provide that the cabinet shall not issue a permit to any hazardous waste disposal facility, except for a regional integrated waste treatment and disposal facility, without approval from the local government. This administrative regulation establishes the permitting process for hazardous waste sites or facilities and establishes provisions for approval by either the local government or the Kentucky Regional Integrated Waste Treatment and Disposal Facility Siting Board prior to obtaining a permit for a hazardous waste disposal site or facility from the cabinet.

 

      Section 1. Applicability. (1) This administrative regulation shall apply to owners and operators of new or proposed hazardous waste landfills, incinerators, or other sites or facilities for the land disposal of hazardous waste.

      (2)(a) This administrative regulation shall apply to owners and operators of existing hazardous waste landfills, incinerators, or other sites or facilities for the land disposal of hazardous waste who request a permit modification which does not meet the criteria of a Class 1 or 2 modification as established in 401 KAR 38:040, Section 3.

      (b) For permit modifications which are not Class 1 or 2 modifications, approval of the local government or board shall only concern those conditions to be included in the permit modification, in accordance with 401 KAR 38:050, Section 2(3).

      (3) This administrative regulation shall apply to owners and operators of new and existing hazardous waste treatment facilities and hazardous waste storage facilities who request a permit modification to include a disposal facility instead of or in addition to any permitted hazardous waste activity already conducted by the owner or operator.

 

      Section 2. Local Government Approval. The cabinet shall not issue a permit to construct or operate a hazardous waste disposal facility or incinerator, unless:

      (1) The cabinet has received written approval from the local government in accordance with KRS 224.46-825(6); or

      (2) The hazardous waste site or facility is not subject to KRS 224.40-310(6) in accordance with KRS 224.40-310(7).

 

      Section 3. Board Approval. The cabinet shall not issue a permit to construct or operate a hazardous waste site or facility which meets the definition of a regional integrated waste treatment and disposal demonstration facility established in KRS 224.46-810(4), unless the board issues a Certificate of Environmental Safety and Public Necessity in accordance with KRS 224.46-830. (10 Ky.R. 254; eff. 12-2-83; Am. 17 Ky.R. 401; eff. 9-25-90; 23 Ky.R. 978; eff. 3-12-97; 33 Ky.R. 2729; 4119; eff. 6-13-2007.)